The Bombay High Court on Thursday clarified an important point about where defamation suits can be filed, especially when allegations spread online. Justice Sandeep V. Marne held that if a person claims their reputation has been damaged in Mumbai, they may sue in Mumbai-even if the statements were made elsewhere.
Background
The case involves Sameer Gulamnabi Kazi, Chairman of the Maharashtra State Board of Waqf, who accused two individuals of spreading defamatory allegations against him through videos, press interactions, and social media posts. These posts originated in Pune and Aurangabad but, according to the plaintiff, were widely circulated and watched in Mumbai as well.
The defendants argued that since Kazi resides in Aurangabad, and the content was uploaded outside Mumbai, the Bombay High Court lacked jurisdiction. They insisted that the plaintiff needed to obtain Clause 12 leave-a special permission required when only part of the cause of action arises within the court’s territorial limit.
Court's Observations
Justice Marne made it clear that defamation cases fall under Section 19 of the Civil Procedure Code, which allows suits to be filed either where the defendant resides or where the harm is suffered.
The Court emphasized that damage to reputation is not limited to the location where the statement is made:
“The bench observed, ‘The place where the impact of the defamatory act is felt is sufficient to confer jurisdiction.’”
The judge noted that Kazi holds a public role connected to Mumbai, and the allegedly defamatory material was accessible there. Therefore, the injury to reputation occurred within Mumbai as well.
Importantly, the Court explained that Clause 12 leave applies to cases governed by Section 20 of the CPC (where jurisdiction is based on location of cause of action) - not defamation cases governed by Section 19. So, no special leave was necessary.
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Decision
The Court rejected the defendant’s objection and held that the Bombay High Court has territorial jurisdiction to hear the defamation case. The interim injunction already preventing further defamatory publication will continue, and the matter is posted for the next hearing on 3 November 2025.
The article ends here.
Case Title: Sameer Gulamnabi Kazi v. Ruhinaz Shakil Shaikh & Others
Case Type: Defamation Suit – Interim Application
Court: Bombay High Court (Original Civil Jurisdiction)
Coram: Justice Sandeep V. Marne
Decision Date: 16 October 2025
